Samsung Accused of Stealing Apple Acting Talent, Pulls Ad

A recent Galaxy Tab 8.9 LTE tablet ad borrows more than Apple’s friendly style since it may also use one of the same actors from an iPhone 4S commercial. Samsung has been showing the commercial in Korea, but pulled the ad from its YouTube channel after questions about whether or not the same child actor that appears in an iPhone 4S ad appeared in its tablet commercial, too.

Samsung’s ad (left) and Apple’s (right)

Like Apple’s own commercials, the Galaxy Tab 8.9 ad focuses on using the device instead of technical specifications. The girl in Samsung’s ad, however, looks strikingly similar to a girl in an iPhone ad — so much so that it seems likely they’re the same person.

Regardless of whether or not it really is the same actress in both spots, Samsung decided to pull the ad from YouTube, which has only added to belief that she is, in fact, the same person.

Commercials tend to be easier to come by than TV show and movie parts, so many actors crop up in spots for multiple products at the same time. Considering Samsung is using Cheil for its ad campaigns, and Apple works with Chiat Day, it seems unlikely, however, that the same child actor would appear by chance in an iPhone ad and a Galaxy Tab ad.

Apple and Samsung have been fighting over patent infringement claims for several months, and have filed lawsuits against each other in the U.S. and other countries. A German court issued an injunction blocking the sale of Samsung’s Galaxy Tab 10.1 tablet in the country, Apple was awarded a temporary injunction through a Dutch court blocking the sale of some Galaxy devices in the European Union.

Apple won an Australian injunction blocking the sale of the Galaxy Tab 10.1, although that was overturned just in time for the Christmas buying season.

Samsung also started running a series of ads poking at Apple and Apple product fans during the holiday buying season.

The iPhone 4S “Camera” commercial can be seen at Apple’s website, and Samsung’s Galaxy Tab 8.9 ad is still available on YouTube thanks to The Verge, although not through Samsung’s own channel.

Is there a thing here? I mean, I find Samsung’s copying to be pathetic well beyond the point of facepalmry, but I’m not sure the choice of a given commerical actor constitutes protectible IP. If the commercial is so similar as to present an infringement of trade dress, that would be its own issue irrespective of the particular actors appearing.

In business school they teach “If you can’t be first, be a fast second.”

And yet, I’m developing a real distaste for ANYTHING Samsung.

Darin1:32 AM EST, Jan. 3rd, 2012Guest

Actually, many ad agencies, on behalf of their clients, require actors to disclose other commercials or campaigns in which they appear. This is, among other things, to avoid having their talent appear for the competition.